In Re: Gary Sinise Foundation v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 05-23-00633-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 31, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00633-CV

IN RE GARY SINISE FOUNDATION, Relator

Original Proceeding from the Collin County Probate Collin County, Texas Trial Court Cause No. PB1-0352-2022

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek Before the Court is relator’s June 28, 2023 petition for writ of mandamus

wherein relator contends the trial court has refused to rule on a motion to compel

arbitration.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition, real party in interest’s response,

relator’s reply, and the record properly before us, we conclude that relator has failed

to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

230633F.P05

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